Car accidents can arise in a wide variety of circumstances. One of the most common issues in a pedestrian accident case is whether the plaintiff was contributorily negligent. As seasoned North Carolina pedestrian accident attorneys, the lawyers at Maurer Law are prepared to help you evaluate your potential claim and to assist you with protecting your right to compensation.
A recent appellate decision discussed whether the driver of a vehicle that struck a tree lying across the roadway on which the plaintiff was standing was liable for the plaintiff’s injuries. The plaintiff was driving a truck near Asheville in an evening during October 2015. The plaintiff’s father was a passenger in the vehicle. While driving toward their home, they observed a tree branch that had fallen across the roadway and was hanging off the ground. The plaintiff’s father told the plaintiff to slow down, and they pulled over to remove the branch. They turned on the vehicle’s traffic lights, and the plaintiff’s father contacted his wife to ask her to bring a chainsaw to their location. The plaintiff climbed onto the tree so that he could get across and attempt to wave down any passing cars while waiting for the chainsaw. A vehicle approached, and the plaintiff started waving his arms to get the vehicle operator’s attention. The plaintiff’s father testified later that the plaintiff had been goofing around while on the tree and that he did not get down from the tree as the vehicle approached because they thought it was going to stop.
The driver of the approaching vehicle testified that the sun was shining into his windshield immediately before the incident, making it difficult for him to see the plaintiff on the tree. The oncoming car collided with the tree, and on impact a branch struck the plaintiff in the head and threw him onto the adjacent roadway. The plaintiff was airlifted to the hospital and required serious medical attention.